“By exiling human judgment in the last few decades, modern law changed role from useful tool to brainless tyrant. This legal regime will never be up to the job, any more than the Soviet system of central planning was, because ti can't think. The comedy of law's sterile logic--large POISON signs warning against common sand, spending twenty-two years on pesticide review and deciding next to nothing, allowing fifty-year-old white men to sue for discrimination--is all too reminiscent of the old jokes we used to hear about life in the Eastern bloc. Judgement is to law as water is to crops. It should not be surprising that law has become brittle, and society along with it.”
In this quote by Philip K. Howard, the author criticizes modern law for prioritizing rigid rules and regulations over human judgment. Howard compares the modern legal system to the Soviet system of central planning, arguing that both are flawed in their inability to think and adapt to real-world situations. The author suggests that by exiling human judgment, the legal system has become a brainless tyrant incapable of effectively serving society. Howard uses examples such as warning signs on common sand and lengthy pesticide reviews to illustrate the absurdity of a legal regime devoid of judgment. Ultimately, the quote highlights the importance of human judgment in the legal system and the negative consequences of its absence.
In today's society, the quote by Philip K. Howard holds significant relevance as it highlights the limitations and shortcomings of a legal system that relies solely on rigid rules and regulations, neglecting the importance of human judgment. This lack of flexibility and adaptability can lead to inefficiencies, injustices, and ultimately hinder social progress and development.
In his book, Philip K. Howard discusses the limitations of modern law and how it has shifted from a useful tool to a mindless dictator. He compares the legal regime to the rigid central planning of the Soviet system and highlights the importance of human judgment in the legal system.
In this thought-provoking quote by Philip K. Howard, he highlights the limitations of modern law and the negative consequences of exiling human judgment from legal decision-making. As you reflect on this quote, consider the following questions:
“The law may upset reason but reason may never upset the law, or our whole society will shred like an old tatami. The law may be used to confound reason, reason must certainly not be used to overthrow the law.”
“The laws of the universe are never broken. Your mistake is to think that the little regularities we have observed on one planet for a few hundred years are the real unbreakable laws; whereas they are only the remote results which the true laws bring about more often than not; as a kind of accident.”
“Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself; and where they are, they should be changed. Nowhere is this more clear than in the laws against possession of marijuana in private for personal use... Therefore, I support legislation amending Federal law to eliminate all Federal criminal penalties for the possession of up to one ounce [28g] of marijuana.”
“with a singlemindedness common only to former Soviet interior-ministry troops and first-year law students”
“It used to be obvious that the world was designed by some sort of intelligence. What else could account for fire and rain and lightning and earthquakes? Above all, the wonderful abilities of living things seemed to point to a creator who had a special interest in life. Today we understand most of these things in terms of physical forces acting under impersonal laws. We don't yet know the most fundamental laws, and we can't work out all the consequences of the laws we do know. The human mind remains extraordinarily difficult to understand, but so is the weather. We can't predict whether it will rain one month from today, but we do know the rules that govern the rain, even though we can't always calculate their consequences. I see nothing about the human mind any more than about the weather that stands out as beyond the hope of understanding as a consequence of impersonal laws acting over billions of years.”